USPTO Patents Application 10597633

PATENT COOPERATION TREATY

From the

INTERNATIONAL SEARCHING AUTHORITY

To:

PAUL FENSTER

FENSTER & COMPANY, INTELLECTUAL
PROPERTY LTD.
P,0, BOX 10256

PETACHTIKVA, ISRAEL 49002

PCT

VvlvLI ICrlN vjfx^IJMlvJiN \Jr i -tlii

INTERNATIONAL SEARCHING AUTHORITY

fVCT 'aiAt^ A'Xhiv

Date of mailing ^ -7- ^.ir^.^w^-
{day /month/year) | a yy 1 duU^i

Appiicant*s or agenf s file reference
414/04391

FOR FURTHER ACTION

See paragraph 2 below

International application No. Ititemational filing date (day/month/year) Priority date {day/month/year}
PCT,TL05/00138 04 February 2005 (04.02.2005) 05 February 2004 (05.02.2004)

International Patent Classification (IPC) or both national classification and IPC
IPC(7): A61H 1/00 and US CI.: 601/5

Applicant

REABILITY, INC.

L This opinion contains indications relating to the following items:
l/\J Box No. I Basis of the opinion

□

□

□
□

Box No. II
Box No. Ill
Box No. IV
Box No. V

Box No, VI
Box No. VII
Box No. VIII

Priority

Non-establishment of opinion with regard to novelty ^ inventive step and industrial applicability
Lack of unity of invention

Reasoned statement under Rule 43to.l(a)(i) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

Certain documents cited

Certain defects in the international application

Certain observations on the international application

2. FLfRTHER ACTION

If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
International PreHminarj' Examining Authority ("IPEA") except that this does not apply where the applicant chooses an
Authority other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66.1to<&)
that written opinions of this International Searching Authority will not be so considered.

If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the
IPEA a written reply together, where appropriate, widi amendments, before the expiration of 3 months from the date of
mailing of Form PCT/ISA/220 or before die expiration of 22 months from the priority date, whichever expires later.

For further options, see Form PCT/ISA/220.

3. For further details, see notes to Form PCT/ISA/220.

Name and mailing address of the ISA/ US

Mail Stop PCT, AtW: ISAAJS
Commissioner for Patents
P-O. Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (571) 273-3201

Date of completion of this
opinion

02 September 2005 (02.09.2005)

^^thorized officer
Michael Brown

Telephone No. 57i^:£4^3ptter3700

Form PCT/ISA/237 (cover sheet) (April 2005)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

Inoernational application No.
PCT/IL05/00i38

Box No. I Basis of this opinion

1. With regard to the language, this opinion has been established on the basis of;
^ the international application in the language in which it was filed

LJ a translation of the international application into , which is the language of a translation fumisnea ror tne purposes oi

international search (Rules 12.3(a) and 23.1(b)).

2. With regard to any nucleotide and/or amino acid sequence disclosed in the hiternational application and necessary to Hie
claimed invention* this opinion has been established on the basis of:

a. type of material

I 1 a sequence listing

I I table(s) related to the sequence listing

b. format of material
I I on paper

I I in electronic form

time of filing/furnishing

1 I contained in the international application as filed,

I I filed together with the international application in electronic form.

I I turnlshed subsequently to this Authority for the purposes of search.

3, I I In addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been
filed or furnished, the required statements that the mformation in the subsequent or additional copies is identical to that in
the a"Ti*icat!on as filed or doe^ not go beyond the application as filed, as appropriate, were fiimished.

4, Additional comments:

Form PCT/ISA/237(Box No. I) (April 2005)

WRITTEN OPINION OF THE

INTERNATIONAL SEARCHING AUTHORITY

Internationa! application No.
PCT/IL05/00138

Box No. V Reasoned statement under Rule 43 bis,l{2L)(i) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

i . Statement

Novelty (N) Claims NONE YES

Claims 1-55 ^NO

Inventive step (IS) Claims NONE ^YES

Claims l^SS __„^

Industrial applicability (lA) Claims 1-55 \ YES

Claims NONE NO

2. Citations and explanations:

Claims 1-17 and 40-55 lack novelty under PCT Article 33(2) as being anticipated by Rogozinski.
Claims 18-39 lack novelty under PCT Article 33(2) as being anticipated by Matin.

Claims 1-55 meet the criteria set out in PCT Article 33(4), and thus and industrial applicability because the subject matter claimed
can be made or used in industry.

Form PCT/ISA/237 (Box No. V) (April 2005)

NOTESTO FORM PCT/IS V220

Ihese Notes are intended to give [he basic instrucdons concerning the filing of amendments under Article \9. the
Notes are bas?d on the requiremenis of tfie Parent Cooperation Trear\\ ihe Regulations and the Administrative
Instructions under that Treaiy case of discrepancy between these Notes and those requirements, the latter aie
appiicabte. For more detailed information, see also the PCT Appitcani s Guide, a pubJication of WIPO.

In Ihese Notes, ^-Anicie." ''Rule" and ''Section" refer to the provisions of the PCT. the PCT Regulations and the PCT
Adminisirativc Instructions, respectively,

INSTR UCnONS CONCERNING AMENDMENTS UNDl^R ARTICLE 1 9

The applicant has. after having received the intemationai search report, one opportunity to amend the claims of the
inremationa! application I? shotjld however be emphasfzed that, since ail parts of the international application {claims.

descnption and drawings) may be amended dunng the intemationai preliminary examination procedure, there is usually
no need to flic f.mendments of the claims under Article 19 except where, ^.g. the applicant wants the latter to be published
for the purposes of provisional protection or has another reason for amer^ding the claims before intemationai publication.
Funhermore. li should be emphasized that pro\ isional protection is av c iable m some States only.

What parts ofihe intetnational appJication may be amended ?

Under Article 19, only the claims may be amended

Dunng the international phase, the claims may also be amenii^O tor further amended) under Article 34 before
the International Preliminary Cxamming Authoni:>'. The descnption and drawings may only be anfiended
under ArticJe 34 before the inlematJonaJ Preliminary Examining Authority

Upon entr/ into the national phase, all parts of the intemaiior.il application maybe amended under Article 28
or. where applicabie. Anjcic 41.

When ? Wit.iin 2 months from the date of transmittal of the intemstional search report or 16 months from the priority
date, whichever time limit expires later. It shouM be noted, however, that the amendments will be considered
as having been received on time if they are received by the International Bureau after the expiration of the

(Rule 46. 1).

Where not to fvie the amendments ?

The amendments may only be filed with the International Bureau and noc with the receiving Office or the
International Searching Authority (Rule 46.2).

W>^ere a demand for international preliminary examination has been/is filed, see below.

Hnw \ hither by cancelling one or more entire ciaim.-^. ^. .;ddme one .ir more new cJaims or by amending the text of
one or more of the claims as filed

A replacement sheet must be submitted for each sheet of the claims which, on account of an amendment or
amendments, differs from the sheet originally filed,

Alt the claims appearing on a replacemeni sheet must be numbered in Arabic numerals. Where a claim is
cancelled, no renumbering of the other claims is required, in aJl cases where claims are renumbered, they must
be renumbered consecutively (Administrative Instructions. Section 205(b)).

The amendments must be made in the language in which the Internationa] application is to be published.

What documciits must/may accompany the amendments ?
Letter (Section 205(b)):

The amendmerifs must be submitted with a letter.

The letter will not be published with the intemanonal application and the amended cJaims. Ii should not be
confused with the "Statement und^r Articie i9( I)" (see below, under '^Statement under Article I9<1)").

The letter must be in English or French, at the choice ol the applicant. However, if the language of the
internafinnal application is English, the letter must be in English; if the language of the international
ap^Jication is French, the letter must be in Frehclj.

.Motes lo Form Pt^^T/ISAj220 Cfirsi sheet) (July 1995; reprint April 2D02)